DCIT, Bangalore V. Sri. R.V. Devraj, Bangalore

ITA 326/BANG/2012

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7681 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-05-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 07-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER I.T.A. NO. 326 /BANG/201 2 (ASSESSMENT YEAR : 2004-05) DCIT CENTRAL CIRCLE 2 (1), BANGALORE. VS. S HRI R . V. DEVRAJ NO. 50, SREE SANJIVANI FORT, C STREET, KALASIPALYAM, BANGALORE PAN AAJPD7401K APPELLANT RESPONDENT. A SSESSEE BY : SHRI S . PARTHASARATHI, ADVOCATE REVENUE BY : MS NEERA MALHOTRA, CIT (DR) DATE OF HEARING : 17.08.2017. DATE OF PRONOUNCEMENT : : 24.08.2017. O R D E R PER SHRI A.K. GARODIA, A.M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) VI, BANGALORE DT.29.12.20 11 FOR THE ASSESSMENT YEAR 2004-05. 2. AT THE VERY OUTSET, IT WAS POINTED OUT BY THE BENCH THAT AS PER THE ASSESSMENT ORDER, THE RETURNED INCOME IS RS. 16,59, 850/- INCLUDING AGRICULTURAL INCOME OF RS. 481,550/- I.E. NET TAXABLE INCOME RS. 11,78,300/- AND ASSESSED INCOME IS RS. 36,36,450/- EXCLUDING THE AGRICULTURA L INCOME. HENCE THE ADDITION 2 ITA NO.326/BANG/2012 MADE BY THE A. O. IS OF RS. 24,58,150/-. THE BENCH OBSERVED THAT EVEN IF THE ENTIRE ADDITION IS DELETED BY CIT (A) AND GROUNDS A RE RAISED BY THE REVENUE BEFORE THE TRIBUNAL FOR SUCH ENTIRE DELETION THAN A LSO, THE TAX EFFECT IS BOUND TO BE BELOW RS. 10 LACS AND AS PER THE LATEST CBDT INS TRUCTIONS, NO APPEAL IS TO BE FILED BY THE REVENUE BEFORE THE TRIBUNAL IF THE TAX EFFECT IS BELOW RS. 10 LACS AND THESE INSTRUCTIONS ARE APPLICABLE TO PENDING APPEAL S ALSO. THE BENCH OBSERVED THAT IN VIEW OF THIS, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT. IN REPLY, LEARNED DR OF THE REVENUE HAD NOTHING TO SAY. 3. IN VIEW OF THE ABOVE DISCUSSION, THE APPEAL OF T HE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 4. IN THE RESULT, THE APPEAL OF REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH DAY OF AUGUST, 2017. SD/- SD/- (LALIET KUMAR) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 24 TH AUGUST, 2017. * MS 3 ITA NO.326/BANG/2012 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.